August 28, 2002

Travel Precaution With Change of Status Applicants

We at Greenberg Traurig have seen an increase of change of status applications denied when an individual has traveled outside the country after the change of status application has been filed. This has affected those individuals who are changing from one nonimmigrant status to another nonimmigrant status (eg. F-1 to H-1B, L-1 to H-1B or TN to H-1B). If an applicant travels abroad when such an application is pending the request to change status is automatically considered abandoned and thus denied. Examiners at the INS Service Centers now have access to departure records and are checking them before approving change of status applications.

In light of higher scrutiny that INS is giving to all petitions we remind individuals that you cannot travel outside the US while INS is processing a change of status application.